Document Content

THE GOVERNMENT

THE GOVERNMENT

DECREE No.53-CP ON THE 28TH OF JUNE 1994 OF THE GOVERNMENT PROVIDING FOR MEASURES TO HANDLE STATE OFFICIALS AND EMPLOYEES AND OTHER PERSONS CONVICTED OF ACTS RELATED TO PROSTITUTION, DRUG ABUSE, GAMBLING AND DRUNKENNESS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government on the 30th of September 1993;

Pursuant to the Ordinance on Sanctions Against Administrative violations on the 30th of November 1989;

At the proposal of the Minister of the Interior and the Minister of Justice;

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Prostitution, drug abuse, gambling and drunkenness are social evils which go against the ethics and the fine customs and habits of the nation and which adversely affect the material and cultural life of the people and social order and safety.

- The handling of the acts of prostitution, drug abuse, gambling and drunkenness must be based on the character, extent and circumstances of the violations in order to take the appropriate measures, of sanction.

Article 2.- All State agencies shall have to coordinate with the Vietnam Fatherland Front, the Vietnam Women's Union, the Vietnam General Confederation of Labor, the Vietnam Peasants' Association, the Ho Chi Minh Communist Youth Union, and other social organizations in the publicity, education and struggle to prevent and combat prostitution, drug abuse, gambling and drunkenness.

Article 3.-

1. Severe administrative sanctions and discipline shall be meted out to:

- The directors of hotels, the owners of hotels, restaurants, inns and other establishments who let acts of prostitution, drug abuse, gambling and drunkenness happen in the establishments under their management.

- Sex buyers, drug users, gamblers and drunkards who are State officials and employees in whatever position;

- Those who condone or cover up the acts of prostitution, drug abuse, gambling and drunkenness.

- Recidivists of acts of prostitution, drug abuse, gambling and drunkness.

2. The organizers or panderers of prostitution, the organizers of drug use, the producers, storers and dealers and illegal transporters of drugs, the organizers of gambling, the owners of gambling houses and the gamblers shall be prosecuted under the criminal law. The producers, storers, dealers and illegal transporters of drugs shall receive administrative sanctions or discipline if their offense has not reached the level where they must be investigated for penal liability.

Chapter II

OFFENSES AND FORMS OF HANDLING OFFENSES

Article 4.-

1. When the sex buyers are State officials or employees:

a/ They are liable to fines of from 100,000 Dong up to 1,000,000 Dong and their offense shall be notified to the office or organization where they work so that disciplinary action may be taken through warning, wage reduction or demotion.

b/ Recidivists shall be liable to fines of from 1,500,000 to 2,000,000 Dong and their offense shall be reported to the office or organization where they work so that disciplinary action may be taken through dismissal.

2. For the sex buyers who are not State officials or employees, they shall, depending on the character, level and concrete circumstances of their offense, be fined from 50,000 to 100,000 Dong and from 1,000,000 to 2,000,000 Dong in case of recidivism. In all cases, their offenses shall be reported to the People's Committee of the commune, ward or township where they live so that measures of education may be taken.

3. If the sex sellers are State officials or employees:

a/ They shall be served a warning and their offense reported to the office or organization where they work so that disciplinary measures may be taken through warning, wage reduction or demotion.

b/ In case of recidivism, they shall be served a warning and their offense shall be reported to the office or organization where they work in order to be disciplined through dismissal.

4. If the sex sellers are not State officials or employees, they shall, depending on the character, level and concrete circumstances of their offense, be served a warning and their offense reported to the People's Committee in the commune, ward or township of their residence so that measures of education may be taken.

For those who are determined to be regular sex sellers, apart from the fines, they shall also be taken to re-education centers for medical treatment and forced labor.

5. If the offender is a minor, he/she shall be dealt with according to Article 29 of the Ordinance on the Handling of Administrative Offenses. The offender may also be taken to an industrial-agricultural general school for education and job training.

Article 5.-

1. If the drug abusers are State officials or employees:

a/ They shall be fined from 50,000 to 200,000 Dong and their offense shall be reported to the office or organization where they work in order to be disciplined through warning, wage reduction or demotion.

b/ In case of recidivism, they shall be fined from 200,000 to 300,000 Dong and their offense shall be reported to the office or organization where they work in order to be disciplined through dismissal.

2. If the drug user are not State officials or employees they shall, depending on the character, level and concrete circumstances of their offense, be served a warning or fined from 100,000 to 300,000 Dong and their offense shall be reported to the People's Committee at the commune, ward or township where they reside for education and for their families to know.

With regard to the drug addicts, besides the fines they may, depending on each category, be subjected to forcible detoxification at home under the guarantee of their families or at a medical center of the State.

3. Those who illegally produce, store, deal in and transport drugs but their offense has not reached the level where they must be investigated for penal liability they shall be fined from 1,000,000 to 10,000,000 Dong; all the objects and means used in of the offense shall be confiscated. If the offenders are State officials or employees, their offense shall be reported to the office or organization where they work in order to be disciplined through dismissal. With regard to those offenders who are not State officials or employees, their offense shall be reported to the People's Committee at the commune, ward or township of their residence for education.

Article 6.- With regard to gamblers who are State officials and employees whose offense has not reached the level where they must be investigated for penal liability:

a/ They shall be fined from 20,000 to 200,000 Dong and their offense shall be reported to the office or organization where they work in order to be disciplined through warning, wage reduction or demotion.

b/ In case of recidivism, they shall be fined from 200,000 to 300,000 Dong and their offense shall be reported to the office or organization where they work in order to be disciplined through dismissal.

Article 7.- State officials or employees who commit acts of drunkenness (loss of dignity at the place of work, restaurant or inn, and disturbing public order):

a/ They shall be fined from 20,000 to 100,000 Dong and their offense shall be reported to the office or organization where they work in order to be disciplined by warning, wage reduction or demotion.

b/ In case of recidivism, they shall be fined from 100,000 to 200,000 Dong and their offense shall be reported to the office or organization where they work in order to be disciplined through dismissal.

The discipline must be more severe if the offender is an officer or man of the army or security service.

Article 8.-

1. The immediate chief of the offender stipulated at Article 4, Article 5, Article 6 and Article 7 of this Decree, who shield or fail to mete out timely discipline to the offender, shall be disciplined by warning, demotion or dismissal.

2. The President of the People's Committee in the commune, ward or township, and those whose duty is to prevent and fight against acts of prostitution, drug abuse, gambling, but who condon or shield or fail to handle in time these acts and let these acts occur in the territory under their management, they shall be disciplined by warning, demotion or dismissal.

3. The directors of hotels, owners of hotels, guest houses, restaurants, dancing halls, inns, rest houses and other establishments, which are transformed into brothels or places to pander for prostitution or for the use of drugs and gambling, shall be dealt with under Article 200, Article 202 and Article 203 of the Penal Code.

If out of irresponsibility they let acts of prostitution, drug abuse and gambling occur in the establishments under their management, they shall be fined from 2,000,000 to 10,000,000 Dong. Besides, they shall be:

- Disciplined by warning, demotion or dismissal if their establishment is a State-owned establishment.

- Shall have their business permit withdrawn if this is a non-State establishment.

Chapter III

COMPETENCE AND PROCEDURES OF HANDLING

Article 9.- The competence in deciding an administrative sanction is defined as follows:

1. The members of the People's Police in the police force responsible for administrative management of public order, a member of the economic police and criminal police or investigative and mobile police can serve warning or impose fines of up to 20,000 Dong.

2. The President of the People's Committee at the commune, ward or township, the Head of the ward security station, the Head and Deputy Head of the police team responsible for administrative management of social order, the economic police, the criminal police, the investigative police and the mobile police can serve warning or impose fines of up to 50,000 Dong.

3. The Head and Deputy Head of section of the police responsible for administrative management of public order, the economic police, the criminal police, the investigative police at provincial level; the Head and Deputy Head of the mobile police force from the company level upward; the Head or Deputy Head of the security service at district and equivalent level; the Head or Deputy Head of the border posts, the Commander and Deputy Commander of the border sub-sector, the Commander and Deputy Commander of the border guard at provincial level; the Commander of the naval border patrol group; the Commander of the border port of entry station, can serve warning and fine up to 200,000 Dong and confiscate the business permit and the objects and means used in the offense.

4. The President of the People's Committee of the district and equivalent level can impose administrative sanctions such as warning, fine of up to 2,000,000 Dong, strip the offender of his business permit and confiscate the objects and means used in the offense.

5. The President of the People's Committee of provinces and cities directly under the Central Government can impose administrative sanctions against administrative offenses such as warning, impose fines of up to 10,000,000 Dong and strip the offender of his/her business permit, confiscate the objects and means used in the offense, issue a decision to take him or her to the medical treatment center or detoxication center for forcible labor, or an industrial-agricultural general school with regard to offenders who are minors.

Article 10.- The competence in deciding the forms of discipline is define as follows:

The Head of the concerned agency or organization is authorized to decide the disciplinary measures against the offending officials or employees in his office or organization as prescribed by current law on disciplinary actions against officials and public employees.

Article 11.- The procedures of taking sanctions against administrative offenses stipulated at this Decree shall apply as stipulated at Chapter IV of the Ordinance on Sanctions Against Administrative Offenses. However, the person who decides the sanction shall not collect the money on the spot. The Ministry of Finance and the Ministry of the Interior shall direct the collection and payment of fines.

Within seven days after issuing the decision to fine, the person authorized to fine shall have to send a copy of the account and decision to:

- The office or organization where the fin of person works, for application of disciplinary measures, if the offender is a State official or employee.

- The People's Committee of the commune, ward or township where the offender resides, for education and forcible commitment not to relapse, if the offender is not a State official or employee.

Article 12.- In imposing an administrative sanction on the offender, if it is judged necessary to force the offender to undergo medical treatment or to do manual work or to be detoxicated, or to be brought to an industria-agricultural general school, the person who is authorized to take the decision shall have, within 15 days after issuing the decision, to compile the dossier and forward it to the authorized agency so that the latter could send it to the People's Committee of the province or city directly under the Central Government.

- All decisions to force the offender to undertake forcible medical treatment, detoxication or labor and all decisions to take the offender to an industrial-agricultural general school must be notified to the People's Procuracy of the same level, to the offender and his/her family.

Article 13.- The person, on whom an administrative sanction or disciplinary measure is taken as stipulated in this Decree, has the right to appeal.

The procedures for making a complaint, the competence in solving the complaint on the administrative sanction and the disciplinary action, shall comply with the Ordinance on Administrative Sanction and the Ordinance on the Complaints and Denunciations by Citizens.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 14.- This Decree takes effect as from the date of its signing.

Article 15.- The Ministry of the Interior, the Government Commission for Organization and Personnel, the Ministry of Justice, the Ministry of Finance, the Ministry of Labor, war Invalids and Social Affairs, the Ministry of Education and Training, the General Tourist Department, shall, within their jurisdiction and tasks, have responsibility to guide and organize the implementation of this Decree.

The Ministers, the Heads of ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the People's Committee in provinces and cities directly under the Central Government have the responsibility to implement this Decree.

On behalf of the Government

Prime Minister

VO VAN KIET